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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 23, 2012, the Defendant: (a) borrowed 16 million won from the purchase fund of a high-class high-class car at the Jeonnam-gu Seoul Mine Center, Seoul Special Metropolitan City, and (b) prepared and submitted a “written application for Madow-to-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-face (25.9% per annum) for
However, the Defendant did not have any idea to actually purchase a heavy and low-priced car, and there was an idea to repay the Defendant’s existing bonds through the above loan, and thus, there was no intention or ability to repay even if the Defendant was given a loan from the victim Aju Capital Co., Ltd.
Nevertheless, the Defendant, by deceiving the victim as above, obtained money from the victim to the Defendant’s bank account in the name of the second and second loans from the victim on the same day, and acquired it.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A loan statement;
1. Application of Acts and subordinate statutes to a written application for a flusium on the part of the issuer;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;
2. Determination of the scope of sentence: Basic area, six months to one year and six months (no special person shall be punished);
3. Determination of sentence and suspended execution are recognized and against his mistake, the fact that the defendant is expected to pay the amount of damage in installments, the defendant has no criminal records of the same kind of crime, the defendant's age, character and conduct, family relationship, etc., and the sentence against the defendant is set aside as the order after deviating from the sentencing guidelines and its execution is suspended on condition of probation.